Family Law Disclosure Rules

22 January 2009

A direct extract from Family Law Rules- Parts 13.1 and 13.2

  

PART 13.1 — DISCLOSURE BETWEEN PARTIES 

Division 13.1.1 — General duty of disclosure 

RULE 13.01 GENERAL DUTY OF DISCLOSURE 

13.01(1) Each party to a case has a duty to the court and to each other party to give full and frank disclosure of all information relevant to the case, in a timely manner. 

Note Failure to comply with the duty may result in the court excluding evidence that is not disclosed or imposing a consequence, including punishment for contempt of court. This Chapter sets out a number of ways that a party is either required, or can be called upon, to discharge the party's duty of disclosure, including: 

(a) disclosure of financial circumstances (see Division 13.1.2);

  

(b) disclosure and production of documents (see Division 13.2.1); and 

  

(c) disclosure by answering specific questions in certain circumstances (see Part 13.3).

  

13.01(2) The duty of disclosure starts with the pre-action procedure for a case and continues until the case is finalised. 

Note The duty of disclosure applies to a case guardian for a child and a person with a disability (see subrule 6.13(2)). 

Division 13.1.2 — Duty of disclosure — financial cases 

RULE 13.02 PURPOSE OF DIVISION 13.1.2 

13.02(1) This Division sets out the duty of disclosure required by parties to a financial case. 

13.02(2) This Division does not apply to a party to a property case who is not a party to the marriage to which the application relates, except to the extent that the party's financial circumstances are relevant to the issues in dispute. 

RULE 13.03 DEFINITION 

13.03 In this Division: 

party to a financial case includes a payee or other respondent to an enforcement application. 

RULE 13.04 FULL AND FRANK DISCLOSURE

13.04(1) A party to a financial case must make full and frank disclosure of the party's financial circumstances, including: 

(a) the party's earnings, including income that is paid or assigned to another party, person or legal entity;

(b) any vested or contingent interest in property;

(c) any vested or contingent interest in property owned by a legal entity that is fully or partially owned or controlled by a party;

(d) any income earned by a legal entity fully or partially owned or controlled by a party, including income that is paid or assigned to any other party, person or legal entity;

(e) the party's other financial resources;

(f) any trust: 

(i) of which the party is the appointor or trustee;

(ii) of which the party, the party's child, spouse or de facto spouse is an eligible beneficiary as to capital or income;

(iii) of which a corporation is an eligible beneficiary as to capital or income if the party, or the party's child, spouse or de facto spouse is a shareholder or director of the corporation;

(iv) over which the party has any direct or indirect power or control;

(v) of which the party has the direct or indirect power to remove or appoint a trustee;

(vi) of which the party has the power (whether subject to the concurrence of another person or not) to amend the terms;

(vii) of which the party has the power to disapprove a proposed amendment of the terms or the appointment or removal of a trustee; or 

(viii) over which a corporation has a power mentioned in any of subparagraphs (iv) to (vii), if the party, the party's child, spouse or de facto spouse is a director or shareholder of the corporation;

(g) any disposal of property (whether by sale, transfer, assignment or gift) made by the party, a legal entity mentioned in paragraph (c), a corporation or a trust mentioned in paragraph (f) that may affect, defeat or deplete a claim: 

(i) in the 12 months immediately before the separation of the parties; or 

(ii) since the final separation of the parties; and 

(h) liabilities and contingent liabilities.

13.04(2) Paragraph (1)(g) does not apply to a disposal of property made with the consent or knowledge of the other party or in the ordinary course of business. 

13.04(3) In this rule: 

legal entity means a corporation (other than a public company), trust, partnership, joint venture business or other commercial activity. 

Note The requirements in this rule are in addition to the requirements in rules 12.02 and 12.05 to exchange certain documents before a conference in a property case. 

RULE 13.05 FINANCIAL STATEMENT (FORM 13)

13.05(1) A party starting, or filing a response or reply to, a financial case (other than by an Application for Consent Orders (Form 11)) must file a Financial Statement (Form 13) at the same time. 

13.05(2) If a party is aware that the completion of a Form 13 will not fully discharge the duty to make full and frank disclosure, the party must also file an affidavit giving further particulars. 

Note The court may order a party to file an affidavit giving further particulars in relation to the party's financial affairs. 

RULE 13.06 AMENDMENT OF FINANCIAL STATEMENT (FORM 13)

13.06(1) This rule applies if, before a conciliation conference, pre-trial conference or trial, or at the time of seeking a consent order, a party's financial circumstances have changed significantly from the information set out in the Form 13 or affidavit filed under rule 13.05. 

13.06(2) At least 7 days before the conciliation conference, pre-trial conference or trial, or at the time of seeking a consent order, the party must file: 

(a) a new Form 13 with the amendments clearly marked; or 

(b) if the amendments are able to be clearly set out in 300 words or less, an affidavit containing details about the party's changed financial circumstances. 

  

Division 13.2.1 — Disclosure of documents — all cases 

RULE 13.07 DUTY OF DISCLOSURE — DOCUMENTS 

13.07 The duty of disclosure applies to each document that: 

(a) is or has been in the possession, or under the control, of the party disclosing the document; and 

(b) is relevant to an issue in the case. 

Note 1 For documents that parties must produce to the court: 

(a) on the first court date for a Maintenance Application, see rule 4.15;

(b) on the first court date for a Child Support Application or Appeal, see rule 4.19;

(c) at a conference in a property case, see Part 12.2; and 

(d) at a trial, see Chapters 15 and 16.

Note 2 Rule 13.15 provides that a party must file a written notice about the party's duty of disclosure. 

Note 3 Rule 15.76 provides that a party may give another party a notice to produce a specified document at a hearing or trial. 

Note 4 A document disclosed to a party must be used for the purposes of the case only and must not be used for any other purpose without the consent of the other party or an order.

RULE 13.08 INSPECTION OF DOCUMENTS 

13.08(1) A party may, by written notice, require another party to provide a copy of, or produce for inspection, a document referred to: 

(a) in a document filed or served by a party on another party or child representative; or 

(b) in correspondence prepared and sent by or to another party or child representative.

13.08(2) A party required to provide a copy of a document must provide the copy within 21 days after receiving the written notice. 

RULE 13.09 PRODUCTION OF ORIGINAL DOCUMENTS 

13.09 A party may, by written notice, require another party to produce for inspection an original document if the document is a document that must be produced under the duty of disclosure. 

RULE 13.10 DISCLOSURE BY INSPECTION OF DOCUMENTS 

13.10(1) If a party is required to produce a document for inspection under rule 13.08 or 13.09, the party must: 

(a) notify, in writing, the party requesting the document of a convenient place and time to inspect the document;

(b) produce the document for inspection at that place and time; and 

(c) allow copies of the document to be made, at the expense of the party requesting it.

13.10(2) The time fixed under paragraph (1)(a) must be within 21 days after the party receives a written notice under rule 13.08 or 13.09 or as otherwise agreed. 

Note The court may shorten or extend the time for compliance with a rule (see rule 1.14). 

RULE 13.11 COSTS FOR INSPECTION 

13.11 A party who fails to inspect a document under a notice given under rule 13.08 or 13.09 or paragraph 13.20(3)(a) may not later do so unless the party tenders an amount for the reasonable costs of providing another opportunity for inspection. 

Note The court may, on application, order that a party not pay costs (see rule 1.12). 

RULE 13.12 DOCUMENTS THAT NEED NOT BE PRODUCED 

13.12 A party must disclose, but need not produce to the party requesting it: 

(a) a document for which there is a claim for privilege from disclosure; or 

(b) a document a copy of which is already disclosed, if the copy contains no change, obliteration or other mark or feature that is likely to affect the outcome of the case. 

Note Rule 13.13 sets out the requirements for challenging a claim of privilege from disclosure.

RULE 13.13 OBJECTION TO PRODUCTION 

13.13(1) This rule applies if: 

(a) a party claims: 

(i) privilege from production of a document; or 

(ii) that the party is unable to produce a document; and 

(b) another party, by written notice, challenges the claim.

13.13(2) The party making the claim must, within 7 days after the other party challenges the claim, file an affidavit setting out details of the claim. 

Note If there is a dispute about disclosure, an application may be made to the court (see rules 13.18 and 13.22). 

RULE 13.14 CONSEQUENCE OF NON-DISCLOSURE 

13.14 If a party does not disclose a document as required under these Rules: 

(a) the party: 

(i) must not offer the document, or present evidence of its contents, at a hearing or trial without the other party's consent or the court's permission;

(ii) may be guilty of contempt for not disclosing the document; and 

(iii) may be ordered to pay costs; and 

(b) the court may stay or dismiss all or part of the party's case. 

Note 1 Under rule 15.76, a party who discloses a document under this Part must produce the document at the trial if a notice to produce has been given. 

Note 2 Section 112AP of the Act sets out the court's powers in relation to contempt of court.

RULE 13.15 UNDERTAKING BY PARTY 

13.15(1) A party (except a child representative) must file a written notice: 

(a) stating that the party: 

(i) has read Parts 13.1 and 13.2 of these Rules; and 

(ii) is aware of the party's duty to the court and each other party (including any child representative) to give full and frank disclosure of all information relevant to the issues in the case, in a timely manner;

(b) undertaking to the court that, to the best of the party's knowledge and ability, the party has complied with, and will continue to comply with, the duty of disclosure; and 

(c) acknowledging that a breach of the undertaking may be contempt of court.

13.15(2) A party commits an offence if the party makes a statement or signs an undertaking the party knows, or should reasonably have known, is false or misleading in a material particular. 

Penalty: 50 penalty units. 

Note Subrule (2) is in addition to the court's powers under section 112AP of the Act relating to contempt and the court's power to make an order for costs. 

13.15(3) If the court makes an order against a party under section 112AP of the Act in respect of a false or misleading statement mentioned in subrule (2), the party must not be charged with an offence against subrule (2) in respect of that statement. 

13.15(4) A notice under subrule (1) must comply with subrule 24.01(1) and be as follows: 

''This Notice is filed in accordance with rule 13.15 of the Family Law Rules 2004. 

I [insert name]: 

(a) have read Parts 13.1 and 13.2 of the Family Law Rules 2004; 

(b) am aware of my duty to the court and to each other party (including any child representative) to give full and frank disclosure of all information relevant to the issues in the case, in a timely manner; and 

(c) undertake to the court that, to the best of my knowledge and ability, I have carried out and complied with my duty of disclosure. 

I understand the nature and terms of this undertaking and that if I breach the undertaking, I may be guilty of contempt of court. 

...................................................

(signature of person making statement) ...................................................

(full name of person making statement) 

...................................................

(date of signature)

...................................................

(signature of witness) ...................................................

(full name of witness) 

...................................................

(date of signature)

Note 1 For the consequences of failing to comply with this rule, see rule 11.02. 

Note 2 A party who breaches an undertaking may be found guilty of contempt of court and may be punished by imprisonment (see section 112AP of the Act). 

RULE 13.16 TIME FOR FILING UNDERTAKING 

13.16 A notice under rule 13.15 must be filed: 

(a) for a case that has a pre-trial conference — at least 21 days before the date fixed for the pre-trial conference; and 

(b) for any other case — at least 7 days before the date fixed for the hearing or trial. 

Note The court may shorten or extend the time for compliance with a rule (see rule 1.14).

History 

Division 13.2.2 — Disclosure of documents — certain applications 

RULE 13.17 APPLICATION OF DIVISION 13.2.2 

13.17 This Division applies to the following applications: 

(a) an Application for Divorce;

(b) an Application in a Case;

(c) an application for an order that a marriage is a nullity or a declaration as to the validity of a marriage, divorce or annulment;

(d) a Maintenance Application;

(e) a Child Support Application or Appeal;

(f) a Small Claim;

(g) a Contravention Application;

(h) a Contempt Application;

(i) a case listed for trial without a pre-trial conference. 

RULE 13.18 PARTY MAY SEEK ORDER ABOUT DISCLOSURE 

13.18 A party to an application under this Division may seek only the following orders about disclosure: 

(a) that another party deliver a copy of a document;

(b) that another party produce a document for inspection by another party. 

Division 13.2.3 — Disclosure of documents — Applications for Final Orders 

RULE 13.19 APPLICATION OF DIVISION 13.2.3 

13.19(1) This Division applies to all Applications for Final Orders (Form 1), except: 

(a) an application for an order that a marriage is a nullity or a declaration as to the validity of a marriage, divorce or annulment;

(b) a Maintenance Application; 

(c) a Child Support Application or Appeal;

(d) a Small Claim; or 

(e) a case listed for trial without a pre-trial conference.

13.19(2) This Division does not affect: 

(a) the right of a party to inspect a document, if the party has a common interest in the document with the party who has possession or control of the document;

(b) another right of access to a document other than under this Division; or 

(c) an agreement between the parties for disclosure by a procedure that is not described in this Division. 

RULE 13.20 DISCLOSURE BY SERVICE OF A LIST OF DOCUMENTS 

13.20(1) After the final resolution event for a case, a party (the requesting party) may, by written notice, ask another party (the disclosing party) to give the requesting party a list of documents to which the duty of disclosure applies. 

13.20(2) The disclosing party must, within 21 days after receiving the notice, serve on the requesting party a list of documents identifying: 

(a) the documents to which the duty of disclosure applies;

(b) the documents no longer in the disclosing party's possession or control to which the duty would otherwise apply (with a brief statement about the circumstances in which the documents left the party's possession or control); and 

(c) the documents for which privilege from production is claimed. 

Note Rule 13.07 sets out the documents to which the duty of disclosure applies.

13.20(3) The requesting party may, by written notice, ask the disclosing party to: 

(a) produce a document for inspection; or 

(b) provide a copy of a document. 

13.20(4) The disclosing party must, within 14 days after receiving a notice under paragraph (3)(b), give the requesting party, at the requesting party's expense, the copies requested, other than copies of documents: 

(a) in relation to which privilege from production is claimed; or 

(b) that are no longer in the disclosing party's possession or control.

13.20(5) If a document that must be disclosed is located by, or comes into the possession or control of, a disclosing party after disclosure under subrule (2), the party must disclose the document within 7 days after it is located or comes into the party's possession or control. 

Note The court may shorten or extend the time for compliance with a rule (see rule 1.14). 

RULE 13.21 DISCLOSURE BY INSPECTION OF DOCUMENTS 

13.21(1) This rule applies if: 

(a) a party has requested the production of a document for inspection under paragraph 13.20(3)(a); or 

(b) it is not convenient for a disclosing party to provide copies of documents under paragraph 13.20(3)(b) because of the number and size of the documents.

13.21(2) The disclosing party must, within 14 days after receiving the notice under subrule 13.20(3): 

(a) notify the requesting party, in writing, of a convenient place and time at which the documents may be inspected;

(b) produce the documents for inspection at that place and time; and 

(c) allow copies of the documents to be made at the requesting party's expense. 

RULE 13.22 APPLICATION FOR ORDER FOR DISCLOSURE 

13.22(1) At or after the final resolution event, a party may seek an order that: 

(a) another party comply with a request for a list of documents in accordance with rule 13.20;

(b) another party disclose a specified document, or class of documents, by providing to the other party a copy of the document, or each document in the class, for inspection by the other party;

(c) another party produce a document for inspection;

(d) a party file an affidavit stating: 

(i) that a specified document, or class of documents, does not exist or has never existed; or 

(ii) the circumstances in which a specified document or class of documents ceased to exist or passed out of the possession or control of that party; or 

(e) the party be partly or fully relieved of the duty of disclosure.

13.22(2) A party making an application under subrule (1) must satisfy the court that the order is necessary for disposing of the case or an issue or reducing costs. 

Note 1 Before making an application under this Chapter, a party must make a reasonable and genuine attempt to settle the issue to which the application relates (see rule 5.03). 

Note 2 An application under this Chapter is made by filing a Form 2 and an affidavit (see rules 5.01 and 5.02). The court may allow an oral application at the conciliation conference or another court event. 

13.22(3) In making an order under subrule (1), the court may consider: 

(a) whether the disclosure sought is relevant to an issue in dispute;

(b) the relative importance of the issue to which the document or class of documents relates;

(c) the likely time, cost and inconvenience involved in disclosing a document or class of documents taking into account the amount of the property, or complexity of the corporate, trust or partnership interests (if any), involved in the case; and 

(d) the likely effect on the outcome of the case of disclosing, or not disclosing, the document or class of documents.

13.22(4) If the disclosure of a document is necessary for the purpose of resolving a case at the conciliation conference, a party (the requesting party) may, at the first court event, seek an order that another party: 

(a) provide a copy of the document to the requesting party; or 

(b) produce the document to the requesting party for inspection and copying.

13.22(5) The court may only make an order under subrule (4) in exceptional circumstances. 

13.22(6) If a party objects to the production of a document for inspection or copying, the court may inspect the document to decide the objection. 

RULE 13.23 COSTS OF COMPLIANCE 

13.23 If the cost of complying with the duty of disclosure would be oppressive to a party, the court may order another party to: 

(a) pay the costs;

(b) contribute to the costs; or 

(c) give security for costs. 

RULE 13.24 ELECTRONIC DISCLOSURE 

13.24 The court may make an order directing disclosure of documents by electronic communication.

Related Articles

  • Should I change Family Lawyers in my Family Law Court Case? 18 January 2019 - Are you having doubts about whether you are being well-represented in your Family Law dispute?
  • Is now a good time to finalise a Family Law Property settlement? 19 December 2018 - It is December 2018. After many years of rising property prices in Melbourne and the rest of Australia, property values have fallen. The Australian and US share markets are also down. Separating couples now have assets (including Superannuation) which are valued at significantly less than the valuation a year ago. However, their debt level would often be at the same level. The net result of this is that there is significantly less to divide up.
  • Can we agree on a Family Law settlement without going to Court? 25 October 2018 - Can we agree on a Family Law settlement without going to Court? This is a question asked by many clients at Melbourne Family Lawyers. The answer is both yes and no.
  • Melbourne Family Lawyers Obtain Federal Circuit Court Injunction to Prevent Mother Taking Children from Melbourne to Western Australia 6 September 2018 - This court case came about when one of clients Eddie (not his real name) found out that his ex-wife Roma (not her real name) was intending to take their two primary school age children to live in Western Australia. Eddie and Roma had been separated since 2010 and Roma had since re-married. Since separation, the children had primarily been living with Roma at her home in Melbourne.
  • Should I Separate Before my Rich Parent Dies to Preserve my Inheritance? 12 April 2018 - If your marriage or relationship is on the rocks and you are agonising as to whether to separate from your spouse or partner, then here is some advice which may spur you on to make a decision one way or the other.
  • Recognition of Foreign Marriages and Same-Sex Divorces in Australia 9 March 2018 - We are often asked about whether Marriages which originated outside Australia are recognised under the Family Law of Australia.
  • Melbourne Family Lawyers Win International Parenting Dispute for Mother in Family Court of Australia at Melbourne 31 October 2017 - Alison Loach, a Senior Consultant with Melbourne Family Lawyers, advised a client that she had a strong case and that she should pursue the case all the way through to a final hearing before Justice Austin in the Family Court of Australia.
  • When Can I make a Claim for Property Settlement as a De Facto Partner? 18 July 2017 - In Australia, the Family Law relating to De Facto partners is substantially the same as the law relating to people who are legally married. The Family Law Act covers married people and de facto couples, including those in homosexual relationships.
  • Defending an Intervention Order in Victoria 25 January 2017 - An Intervention Order is a Court Order which is made by a Magistrate in the Magistrates’ Court of Victoria against a person (the Respondent) who has committed family violence against a family member (the Aggrieved Family Member).
  • Can I apply for a Divorce if I am no longer living in Australia? 5 October 2016 - Melbourne Family Lawyers represents many clients who do not live in Australia. If you are living overseas, we can still represent you and apply for a Divorce in Australia under certain circumstances.
  • When should I apply for a Family Law Property Settlement? 18 August 2016 - The only legal rules about when you should apply for a Family Law property settlement are concerning how late you can apply. People in a De Facto relationship have up to two years after separation. Married people have up to one year following the Divorce. Contrary to a popular belief, you do not have to wait until you are divorced to have a property settlement.
  • Can I move with my child to live in a different suburb or outside of Melbourne without the other parent’s consent? 20 July 2016 - Some of the most frequent questions asked by clients of Melbourne Family Lawyers are concerning the issue of whether the client is allowed to take a child to live somewhere else, be that within Australia or overseas.
  • Melbourne Family Court allows Mother and Child’s Relocation to USA 21 June 2016 - In January 2015, our client, 30 year old USA citizen Miranda (not her real name) was referred to Melbourne Family Lawyers by United States Embassy staff in Melbourne, as her marriage to her 35 yo Australian Husband, Bruce (not his real name) had broken down. Miranda’s legal problem was that she wanted to return home to the United States, with her 3 year old daughter, but her Husband objected to such an arrangement.
  • When is Spousal Maintenance Payable? 31 August 2015 - Spousal Maintenance (also called alimony in some countries) may be payable in Australia by one spouse (or de-facto partner) to the other under some circumstances pursuant to the provisions of the Family Law Act.
  • The Best Family Law Advice from Melbourne Family Lawyers 20 July 2015 - At Melbourne Family Lawyers, we don’t offer a “free” first consultation and use it to market our services to you. The first meeting with one of our lawyers is scheduled for one hour because we know it will take a bit of time to listen to your story so that we can understand your situation and what is important to you and what you would like to achieve.
  • Is my Spouse entitled to a share of my Superannuation if I separate? 20 January 2015 - In a Family Law Property Settlement, Superannuation is always taken into account when considering a division of property between spouses (including de facto or same-sex partners). These days, most people have Superannuation entitlements. Whilst those Superannuation entitlements may not be readily accessible now if you are below retirement age, they will make a difference to your financial situation when you do retire.
  • If I win Tatts Lotto, do I have to share the winnings with my ex spouse? 10 December 2014 - This question sometimes arises in family law property settlement cases- and the answer will depend on the exact circumstances. As is usual in family law cases, there are many possible scenarios and many different possible results. Let’s consider a few examples.
  • Beware of Family Lawyers offering Free Initial Consultations 26 November 2014 - Have you come across the recent advertising from Family Lawyers offering “free initial consultations”? Have you stopped to think why those lawyers are doing that?
  • Do I get to keep my inheritance in a Family Law Property Settlement? 30 October 2014 - It is important to remember that every Family Law Property Settlement case is different and will be decided in accordance with the guiding principles in the Family Law Act and the case law arising from past decisions of the Family Law Courts. This article summarises some of those guiding principles.
  • The Question: How much overnight time should a child spend with the other parent? 30 June 2014 - This is a question clients often posed to Family Lawyers and Family Law Court judges. Whilst each parent may have a different personal (often rigid) opinion, what do the experts have to say about this?
  • How much overnight time should a child spend with the other parent? 23 June 2014 - It used to be the case that “expert opinion” was that children under three were considered to have a primary attachment with their primary carer (often the mother) and it was best for them to spend most of their time with the parent with whom they had the primary attachment. The other parent was encouraged to have regular but frequent contact of a few hours once or twice a week. Amendments to the Family Law Act in 2006 were enacted to promote the following objectives to guarantee that the best interests of children are met.
  • Winning International Child Custody Cases 8 May 2014 - At Melbourne Family Lawyers, we like to win the Court Cases which cannot be settled out of Court! This year we have had great success in running (and winning) two cases in the Federal Circuit Court involving young mothers wanting to return to their overseas country of origin with their young children. These cases needed to be decided by a Judge as the children’s parents could not come to an agreement as to with whom, or where, the child should live.
  • Achieving a Family Law Property Settlement with a “Bully” Spouse 27 February 2014 - Bullying is characterized by an individual behaving in a certain way to gain power over another person- and this is often a problem in marriage or relationship breakdown situations.
  • How to Achieve a Fair Family Law Property Settlement? 6 January 2014 - Achieving a fair Family Law Property Settlement is the aim of most people who end up separating, but what is fair? It is very difficult for a person to work out what is fair when going through the emotional turmoil of a separation. An experienced Family Lawyer can help you.
  • Choosing the best Family Lawyers – Is it worth travelling to Melbourne? 26 November 2013 - Many people believe that it is not worth the hassle of coming into Melbourne to get advice from a Specialist Family Lawyer. There are good reasons why Melbourne Family Lawyers is located in William Street Melbourne (adjacent to the Family Court of Australia and the Federal Circuit Court of Australia).
  • What to Expect from a Family Lawyer 8 November 2013 - A Family Lawyer will advise you as to his or her opinion as to where you stand when applying the applicable Family Law to your particular situation. However, a Family Lawyer will never be able to provide you with a definitive outcome in your case as the outcome of your case will depend on the following.
  • Defending a Family Law Property Settlement Case in Melbourne Family Law Courts 14 October 2013 - If you receive an Initiating Application which is to be heard in the Family Court of Australia or the Federal Circuit Court of Australia, you are entitled to put your position to the Court by filing a Response together with other court documents required under the Family Law Rules. Those other documents may include sworn Affidavits and/or a Financial Statement (for property settlement or maintenance cases).
  • How do I settle my Family Law Custody Dispute in Melbourne if I am overseas or interstate? 22 July 2013 - The Family Law Courts in Melbourne (being the Family Court of Australia and the Federal Circuit Court of Australia) have jurisdiction to determine a Family Law dispute if at least one of the parties to the dispute is either.
  • How do you Change existing Child Custody and Contact Orders (Parenting Orders) in Australia? 25 June 2013 - As children grow older and relationships change, a previously made Court Order concerning the arrangements for the care of a child or children may no longer be appropriate. However, the Court Order remains in force until one (or both) of the parties to the court order initiate legal action to legally change it. If both agree, whilst it is possible to informally change the ongoing care arrangements for children without changing the court orders, it may lead to problems should someone later change his/her mind. It is usually better to legally formalise child arrangements with court orders.
  • Family Violence Safety Notices and Intervention Orders under the Family Violence Protection Act Victoria 23 May 2013 - In Victoria, legal protection is available for family members and their associates who need protection from a family member who is subjecting them to family violence. Family violence has a broad legal definition which includes abuse which is physical, sexual, emotional, threatening, economically abusive, or, in any other way controls or dominates the family member and causes that family member to feel fear for his/her safety.
  • Which Family Law Court in Melbourne? 8 April 2013 - Clients are sometimes confused about which Family Law Court is appropriate to hear their case in Melbourne. This is understandable as there are three separate courts on the same street in Melbourne which have jurisdiction on Family Law related issues.
  • Achieving a Fair Family Law Settlement for De Facto and Same Sex Couples in Victoria 15 March 2013 - The Family Law in Victoria is now almost exclusively governed by the Family Law Act (Commonwealth) whether you are married, or in a de facto or same sex relationship. The State of Victoria previously had the power to make laws concerning couples who were not married, but referred those powers to the Commonwealth Government in 2009.
  • Can I move out of Victoria without a Family Law Court Order? 1 March 2013 - Whether you are allowed to move out of your current home to a new place depends on a number of factors.
  • Can I apply for a Divorce in Australia if I was married overseas? 1 February 2013 - An Australian Court has the jurisdiction to grant a Divorce if you were married outside of Australia, as long as at least one of the following pre-conditions apply:
  • Finding the Best Family Law Firm in Melbourne 15 January 2013 - So your spouse has just announced, "It's over!" and you need to find a law firm to help guide you through one of the most stressful situations you are going to face. Where do you start? Do you go back to your local conveyancing law firm who looked after the purchase of your home?
  • Why are there more Intervention Orders in the Melbourne Magistrates Court? 14 December 2012 - Over the past years, there has been a great increase in the number of Court Applications made to the Melbourne Magistrates’ Court for the granting of Intervention Orders under Victoria’s Family Violence legislation. There may be a number of reasons for this.
  • Social Networks - a Divorce Lawyer’s Nightmare or Dream- depending whose side you are on! 11 April 2012 - Watch Out- Social Networks- A Divorce Lawyers Nightmare (or Dream) What you say on FaceBook or Twitter may well end up as evidence in the Family Law Courts!
  • Parenting Orders 12 March 2012 - Section 61DA of the Family Law Act requires a Court, when making a parenting order in relation to a child, to apply a presumption that it is in the best interests of the child for the child's parents to have equal shared parenting responsibility for the child.
  • Collaborative Family Lawyers - What Women (and Men) Want! 10 August 2011 - Marriage is a strange phenomenon that happens to human beings. And the best part is, both the unmarried and the married are unhappy, though for radically opposite reasons, one for not being married, and the other for being married.
  • Finding out with Family Law: Parentage Tests 14 January 2011 - Parentage tests determining the parent of the child may be needed for Family Law Lawyer matters such as child support payments, custody, access, inheritance and adoption. But with these matters, more matters arise including questions about processes and legal requirements.
  • Family Court Stops Mother Taking Children Overseas to live 30 July 2010 - In the case of Cowley and Mendoza decided in the Family Court of Australia in July 2010, a mother of two young children aged 3 and 5 was refused permission to take those children back to her home-land of Brazil. The father was an Australian and he had met the mother whilst on a back-packing holiday.
  • It's Not Just a "New Mistress Law": Family Law Act Now Applies to De Facto Marriage and Same-Sex Relationships 15 April 2009 - On 1 March 2009, new Commonwealth laws for spousal maintenance and the division of property for people in de facto relationships came into force. The Commonwealth Family Law Act 1975 now applies to both married and de facto couples as well as same-sex couples. Previously, de-facto relationships were covered by State Laws and disputes between de-facto couples were determined by State Courts such as the Supreme Court and County Court- Such disputes are now within the jurisdiction of the Family Court of Australia and the Federal Magistrates Court, as are disputes concerning children of all relationships.
  • Family Court Pre Action Procedures 9 March 2009 -
Talk to us now for advice about your situation by phoning (+61) 03 9670 9677
Call +613 9670 9677
Make an Enquiry
  • Melbourne Family Lawyers Melbourne Office:
    4th Floor, 271 William Street
    Melbourne VIC 3000
    (+613) 9670 9677
  • Melbourne Family Lawyers Brighton Office:
    Suite 13, 214 Bay Street
    Brighton VIC 3186
    (+613) 9670 9677